California Court of Appeal - Employment Law Cases

Summary judgment was not appropriate on a disability discrimination claim where the record presented sufficient evidence from which a reasonable jury could conclude that an employer’s ultimate decision to terminate an employee was motivated, at least in substantial part, by concerns about the employee’s disability. Lin v. Kaiser Foundation Hospitals - filed Feb. 24, 2023, Second District, Div. Four Cite as 2023 S.O.S. 693 Full text click here > http://sos.metnews.com/sos.cgi?0223//B314162. The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana and the Federal Arbitration Act do not invalidate the rule of California law that a provision in an arbitration agreement purporting to waive an employee’s right to pursue representative actions is not enforceable as to representative claims pursued under the Private Attorneys General Act; a severability clause in an arbitration agreement allows the unenforceable waiver provision to be stricken from the arbitration agreement. PAGA claims seeking to recover civil penalties for Labor Code violations suffered by employees other than plaintiff may be pursued by plaintiff in court. Galarsa v. Dolgen California - filed Feb. 2, 2023, publication ordered Feb. 24, 2023, Fifth District Cite as 2023 S.O.S. 699 Full text click here >http://sos.metnews.com/sos.cgi?0223//F082404A.